Legal Service

What is Clinical Negligence

Hospitals and health centres are a place we go to receive care and treatment, and thankfully this is typically the case for most people, yet not everyone is this fortunate. There are instances where medical treatment goes wrong, leading to an injury or the worsening of a current condition, and anyone experiencing this could qualify for compensation.

What is clinical negligence?

Clinical negligence refers to any medical treatment received that results in an injury or causes further problems to a pre-existing condition. While medical care is almost always provided in a safe and healthy manner, there are instances where negligent care has occurred, typically due to the negligence of a healthcare professional.

So, if you have visited a hospital, health centre, or GP’s office and have come away with some sort of injury or your condition has deteriorated further because of the care received, you could be dealing with clinical negligence and therefore qualify for compensation.

What can I do about clinical negligence?

If you believe you have suffered from clinical negligence, then you are free to pursue a claim for compensation, although it must have occurred in the last three years – there are exemptions to this but only in very rare cases.

The legal process for claiming for clinical negligence is long and complex, so always consult legal advice as quickly as possible. Waiting longer only damages your chances of a successful claim, as solicitors only have three years to fight the claim.

Specialist solicitors are very-much recommended due to the complex nature of claiming clinical negligence, with the burden of proof falling on the claimant, meaning you want a skilled and experience lawyer to best improve your chances of a successful claim.

You will find that most solicitors in this field offer free consultations, which gives you a good opportunity to see what options are available and seek appropriate advice. You’ll find out here whether there are grounds to make a claim and what amount of compensation you can expect.

 Compensation amounts vary depending on how bad the injury is, whether future care is required as a result of the negligence, and the amount of expenses incurred pursuing compensation.

What constitutes clinical negligence?

Because clinical negligence is a very complex matter, it can be difficult to establish what type of treatment is regarded as clinical negligence. It’s an all-compassing term that include various examples, but some of the most notable examples of clinical negligence include:

  • A healthcare professional makes an incorrect diagnosis of a condition or doesn’t make a diagnosis that then leads to injury
  • A healthcare professional makes an error during surgery or a medical procedure that results in injury
  • Incorrect drugs are provided/administered during treatment
  • Injury from non-consensual treatment
  • Associated risks of a medical treatment where not explained and led to an injury

So, if anything these things may have occurred during your treatment and resulted in injury or the worsening of a current condition, it means you are dealing with clinical negligence becase the treatment received was below acceptable medical standards